Construction Manager-at-Risk

PROJECT: ADDENDUM NO.: TMISD Safety and Security Vestibules 1 (ONE) PROJECT NO.: DATE: 2024.07 April 19, 2024 The following additions, deletions, and/or changes to the plans and specifications shall be incorporated into the Contract Documents and supersede and take precedence over that shown on the Drawings and as set forth in the Specifications. All provisions of the General Conditions and Special Conditions shall be applicable to such work as required by this Addendum originally in the Contract Documents. ITEM 1: Expected construction timeline: May 23, 2024 - July 16, 2024 ITEM 2: Estimated Project Budget: $2,500,000.00 ITEM 3: Revised RFP Package ITEM 4: Contract draft A-133 Standard Form of Agreement between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximimum Price ITEM 5: Contract draft A201-2017 General Conditions of the Contract of Construction ATTACHMENTS: Revised RFP Package Contract Draft

A-133 Contract Draft A201-2017 END OF ADDENDUM #1 Tuloso-Midway Independent School District – CmaR RFP Page 1 of 22 REQUEST FOR PROPOSAL FOR CONSTRUCTION MANAGER-AT-RISK FOR THE 2023 BOND FOR THE TULOSO-MIDWAY INDEPENDENT SCHOOL DISTRICT ISSUED: APRIL 12, 2024 Tuloso-Midway Independent School District – CmaR RFP Page 2 of 22 TULOSO-MIDWAY INDEPENDENT SCHOOL DISTRICT REQUEST FOR PROPOSAL FOR CONSTRUCTION MANAGER-AT-RISK SERVICES Pursuant to the provisions of Texas Government Code Section 2267.253, it is the intention of the Tuloso-Midway Independent School District (the "District" or "Owner") to select via the one- step Request for Proposal process a Construction Manager-at-Risk for the construction of the project described herein. Persons or entities submitting proposals are referred to herein as "Offeror(s)". Proposals are to include the information requested in Section 11 of this Request for Proposals in the sequence and format prescribed. In addition to and separate from the requested information, Offerors submitting proposals may provide supplementary materials further describing their capabilities and experience. PROPOSALS MUST BE RECEIVED NO LATER THAN 10:00 AM, APRIL 26, 2024 LATE RESPONSES WILL NOT BE CONSIDERED Any proposal received after such time will not be considered and will be returned unopened. Proposals will be received by: Mr. Steve VanMatre Superintendent of Schools Tuloso-Midway Independent School District 9760 La Branch Corpus Christi, Texas 78410 Proposal envelopes must be plainly marked on the outside with the Offeror's name and address and the following: SEALED PROPOSAL - DO NOT OPEN 23-CMAR-BOND-SAFETY AND SECURITY VESTIBULES DUE AT 10:00 AM, APRIL 26, 2024 Following the deadline for receipt, the District's staff will receive, publicly open, and read aloud the names of the Offerors and all fees and prices stated in the proposals. Within fourteen (14) days following the date of the opening, the Selection Committee, consisting of representatives of the District will evaluate and rank each proposal submitted in relation to the selection criteria set forth herein. The District may also request additional information from Offerors at any time prior to final ranking of Offerors. The District may select all, some, or none of the Offerors for interviews by the Selection Committee. The interview, if any, will not be scored separately from the proposal, but may result in an adjustment in score. A recommendation will be made to the Board of Trustees as to the ranking of the proposals. Tuloso-Midway Independent School District – CmaR RFP Page 3 of 22 Following the Committee's ranking of the Offerors based on the published selection criteria, and recommendation to the Board of Trustees, the District will attempt to negotiate an agreement with the Offeror that offers the best value to the District. If the District is unable to negotiate an agreement with the selected Offeror, the District shall, formally and in writing, end negotiations with that Offeror and begin the negotiation process with the next ranked Offeror in the order of selection ranking until a contract is reached or negotiations with all ranked Offerors end. ACCEPTANCE OF EVALUATION METHODOLOGY: By submitting its Proposal in response to this RFP, Proposer accepts the evaluation process and acknowledges and accepts that determination of the firm(s) providing the best value to the Owner will require subjective judgments by the Owner. Pursuant to the Texas Government Code Section 2269.254, the District will rank the proposals based on the following criteria and relative weights: WEIGHT CRITERIA 50/50 The Construction Manager's Fee and General Conditions. 40/40 The reputation and experience of the Proposer and their services with school projects and conditions as a Construction Manager. 30/30 The Quality of the Construction Manager's work and services. 20/20 The Construction Manager's past relationship with the District. (Criteria will be graded with all proposers starting at 10 points. Good experience will increase from 10, while bad experience will decrease). 10/10 The experience and reputation of the Construction Manager's project team that would be assigned. 10/10 Bonding capability & proof of insurance. 10/10 The Construction Manager's financial capacity is appropriate to the size and scope of the project. (Provide the last fiscal year's financial report). 10/10 Safety Record. Provide information regarding EMR (Employee Modifier Rate) or OSHA incident rate. 180/180 Total Ranking Points Tuloso-Midway Independent School District – CmaR RFP Page 4 of 22 All responses in your proposal may be used to rank construction managers based on the criteria. The District reserves the right to verify the accuracy and completeness of all responses by utilizing any information available to the District without regard to whether such information appears in your proposal. By submitting a Proposal, each Offerer agrees to waive any claim it has or may have against the District, the Architect/Engineer, and their respective trustees, agents and employees, and any reference sources, arising out of or in connection with the administration, evaluation, or recommendation of any Proposal; waiver of any requirements under the Proposal Documents; acceptance or rejection of any Proposal; and award of a Contract. The District shall have no contractual obligation to any Offerer, nor will any Offeror have any property interest or other right in the contract or Work being proposed unless and until the contract is unconditionally executed and delivered by all parties, and all conditions to be fulfilled by the Construction Manager have either been so fulfilled by the Construction Manager. Schedule (As Currently Planned by the Owner): First Advertisement April 12, 2024 Second Advertisement April 19, 2024 Deadline to Submit Proposals April 26, 2024 Tuloso-Midway Independent School District – CmaR RFP Page 5 of 22 I. SCOPE OF WORK, FORM OF CONTRACT A. Scope of Work: a. Safety and Security Vestibules i. Primary ii. Intermediate iii. Middle School iv. High School v. Academic Career Center vi. Administration b. Exterior Door Replacement (District Wide) c. Window Infill for secure areas. B. Form of Contract. The contract between the District and the Construction Manager shall be the "Standard Form of Agreement between Owner and Construction Manager as Contractor Where the Basis of Payment is the Cost of the Work plus a Fee with a "Guaranteed Maximum Price", AIA Document A133-2009, as amended by the District for this Project (See Attached). The General Conditions shall be the General Conditions of the Contract for Construction, AIA Document A201-2007, as amended by the District for this project (See Attached). Such contracts for this project shall be the same or substantially similar to the contracts attached to this RFP C. The Offerers, or any agent or representative of Offerors, shall not undertake any activities or actions to promote or advertise their qualifications or Proposal to any member of the District's Board of Trustees, the District's Administration or their respective staff persons, except as specifically requested in writing by the District, at any time between the date of submission of the RFP and the date of award of an Agreement by the District's Board of Trustees. This restriction extends to "thank you" letters, phone calls, emails and any contact that results in the direct or indirect discussion of the RFP and/or proposal submitted by the Offerers. II. INFORMATION TO BE PROVIDED BY OFFERORS Please provide the following information concerning your firm: A. Offeror Information a. Name of Firm b. Business Address c. Telephone Number d. Fax Number e. Type of Organization (Individual, Partnership, Corporation, Association) f. Number of Permanent Employees. (Employees hired for the duration of a specific project or under a fixed-term contract are not considered permanent employees for purposes of this proposal). i. Home Office Tuloso-Midway Independent School District – CmaR RFP Page 6 of 22 ii. Field g. Primary Contact Person for District inquiries. h. Main Office Location (if different from above). i. Describe any substantial changes in ownership of your firm during the past five (5) years. j. How many years has your firm operated under its current form of business organization? k. List all professional or industry organizations in which your firm or its principals are members. l. In order to assist the District in determining whether there exist any conflicts of interest, please describe any business or family relationships between any member of the District Board of Trustees and: i. Your firm; ii. Any principal of your firm; iii. Any subcontractor you are considering using to perform any portion of the project work; or, iv. Any principal of such subcontractor. B. Personnel Information Provide brief resumes (2-page limit) for the persons listed below: a. Principals/Corporate Officers: i. President ii. Vice-President iii. Partners b. Project Management Candidates i. Project Manager ii. Superintendent For the Project Manager and Superintendent candidates, please list up to three persons you consider qualified for the positions. Please also provide a list of the principal duties and responsibilities you anticipate assigning to the Project Manager and to the Superintendent. C. School Projects List all school renovation projects your firm has completed within the past ten (10) years. Also, indicate which projects you were designated as the Construction Manager-at-Risk. For each project list: a. Project Owner b. Brief description of the project c. Client, client contact person, and telephone number d. Date construction completed e. Managing Principal f. Project Architect or Engineer Tuloso-Midway Independent School District – CmaR RFP Page 7 of 22 For the ten (5) largest projects please also provide the following information: g. Original contract amount h. Final contract amount i. Number of change orders D. Organization a. Describe the most common problem or challenge that you have encountered in school construction and your method for addressing the issue. (Maximum 2 pages). b. Describe your firm's concepts for working in a team relationship with the Owner and the Architect during the design and construction of major projects. (Maximum 2 pages). c. Explain in detail how your firm will handle warranty issues. d. List the classifications of work or trades that you anticipate performing with in- house forces (self-performance). E. Claims and Litigation a. Identify any claims or suits, if any, brought against your firm within the last five (5) years. b. Describe all instances in which your firm was unable to complete the work under a contract. c. Identify any judgments, claims arbitration proceedings or suits pending or outstanding against your firm or its officers. d. Identify any lawsuits filed or arbitration requested by your firm with respect to construction contracts of your firm. F. Current Workload Provide the following information for the three (3) largest projects you currently have under contract: a. Project name b. Location c. Owner d. Architect e. Current contract amount f. Percent complete g. Specified contract completion date Tuloso-Midway Independent School District – CmaR RFP Page 8 of 22 G. Financial Information a. Total amount of work performed as general contractor for each of the past five (5) years. b. Bonding capacity i. Per project ii. Aggregate c. Bank Reference(s) i. Individual, Title ii. Name of Bank iii. Address iv. Telephone d. Bonding Company reference(s) i. Individual, Title ii. Name of Bank iii. Address iv. Telephone e. Dunn & Bradstreet rating, if available, or latest financial report. H. Safety a. Provide information regarding your OSHA rating Tuloso-Midway Independent School District – CmaR RFP Page 9 of 22 PROPOSAL FORM COMPANY NAME: ___________________________________________________________ ADDRESS: _________________________________________________________________ PHONE: ___________________________________ FAX: ___________________________ Having examined the Request for Proposal, the following is a breakdown of all proposed fees and costs. A. FEE PROPOSAL 1. PRECONSTRUCTION SERVICES NOT-TO-EXCEED COST Costs for Pre-Construction Phase Services including cost estimating, scheduling, building systems and material cost analysis shall be included in the Fee. Respondent to provide outline of proposed pre-construction services associated with the not-to-exceed lump sum fee. Lump Sum: Dollars $ _______________________________________________ 2. CONSTRUCTION SERVICES PHASE FEE For overhead and profit, list your proposed fee as a percentage of the Cost of the Work. (This fee shall not include general conditions or pre-construction services.) Percent: Percent (%) _______________________________________________ 3. GENERAL CONDITIONS COST For all General Conditions, list your proposed cost as a percentage of the cost of the work. Refer to Schedule "A" for all required items to be included in the General Conditions cost. Percent: Percent (%) _______________________________________________ Tuloso-Midway Independent School District – CmaR RFP Page 10 of 22 B. ADDEND (if applicable) Undersign acknowledges receipt of Addenda Number(s): ______________________________________________________________________ C. CONSTRUCTION MANAGER’S PERSONNEL The Offeror agrees to employ the following individuals for the entire duration of the Work at the positions indicated, and agrees not to remove them from the Work nor replace them with others except as otherwise allowed in the Contract Documents or approved in writing by the Owner: Project Manger(s): ______________________________________________________ Superintendent(s): ______________________________________________________ D. REPRESENTATION By execution and submission of this Proposal, the Offeror hereby agrees, represents, and warrants to the Owner as follows: 1. Offeror will hold Proposal open for acceptance for ninety (90) days. 2. Offer accepts the Owner's right to reject any or all Proposals, to waive formalities and to accept the Proposal which the Owner considers most advantageous. 3. By signing this Proposal Form, the undersigned on behalf of the Offeror affirms that, to the best of his knowledge, the information concerning this Proposal has been arrived at independently and is being submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give an unfair advantage over other respondents in the award of this Proposal. 4. All contingencies and savings shall be returned one hundred percent (100%) to the Owner. 5. Offeror has read and understands the Proposal Documents and the Contract Documents, and this Proposal is made in accordance with the Proposal Documents. 6. Offerer has carefully inspected the Project site, and that from the Offerer's own investigation, the Offeror has satisfied itself as to the nature and location of the Work within the scope of the Project and the character, quality, quantities, materials, and difficulties to be encountered; the kind and extent of equipment and other facilities needed for the performance of the Work; the general and local conditions and other items which may in any way affect the Work or its performance; and the Offeror has correlated the Offeror's site observations with the requirements of the Contract Documents. The Offeror understands and accepts the difficulties and costs associated with the Work and the Project site and the potential delays, disruptions in work and costs associated therewith and has included such considerations in its construction schedule and the Proposal amount. Tuloso-Midway Independent School District – CmaR RFP Page 11 of 22 7. All information submitted by the Offeror to the Owner in response to this Request for Proposals is true and correct. The District, or any authorized representative of the District, is authorized by the undersigned to contact any firm, institution, or person to obtain information about our firm's services, financial condition, and any other information which the District might determine as being desirable. 8. To the fullest extent permitted by applicable law, the Offeror waives any claim it has or may have against the Owner, the Architect, and their respective trustees, officers, shareholders, directors, partners, agents, contractors, consultants and employees arising out of or in connection with the administration, evaluation or recommendation of any offers; waiver of any requirements under the Proposal Documents or the Contract Documents; acceptance or rejection of any proposals; and the award of a Contract. 9. The Project will be undertaken in accordance with the applicable provisions of Chapter 2269, Subchapter F of the Texas Government Code. By: __________________________________________ (Signature) __________________________________________ (Printed Name) __________________________________________ (Title) __________________________________________ (Date) Tuloso-Midway Independent School District – CmaR RFP Page 12 of 22 SCHEDULE “A” GENERAL CONDITIONS The General Conditions which are to be included in the Contract are set forth below. All personnel assigned specifically to the Project are included in the General Conditions, whether stated in the line items below or not. Project Manager (on-site) Assistant Project Manager (on-site) Project Manager (off-site) Superintendent Assistant Superintendent Clerical Support Project Field Engineer Admin. Assistant General Superintendent Project Executive Project Scheduler Estimator Safety Officer Clerk of the Works Surveyor Field Engineering Equip. Field Project Office Temp. Fire Extinguishers & Safety Equip Office Furniture Office Supplies Postage/Fed Ex/Courier Misc. Document Printing/Reproduction Copy Machine, Toner and Paper Computers/Printers/Networks/Software Telephone, Cell Phone, Internet & Fax Janitorial Services Misc. Small Tools & Consumables Equipment Rentals Temporary Site Fencing Project Signage All Risk Builders Risk Insurance CGL Insurance All Other Ins. in addition to CGL Contractor’s Performance/Payment Bonds Building Permit Fees Construction Equip. Independent Testing & Inspection By Owner Construction Cleanup Final Cleanup Dumpster Rental/Dump Fee Special Testing Equip. Rentals Final Project Cost Certification Equipment Gas/Oil Security Lifting/Hoisting Equipment Temporary Toilets Temporary Storage Trailer/Container Ice and Water Vehicle Use, Mileage/Operation/Fuel Temporary Water and Power Utilities By Owner SWPPP/Erosion Control Measures Lodging/Relocation Expenses Project Related Meals/Meetings Project Related Travel Expenses Other (Specify) Any other items required for the Construction Manager to perform the work Tuloso-Midway Independent School District – CmaR RFP Page 13 of 22 Each Respondent agrees in submitting its proposal that no modifications, withdrawals, or cancellations may be made by the Respondent during the sixty (60) days following the time and date designated for receipt of Proposals. If awarded the contract, the undersigned agrees to commence work under this contract on or before a date to be specified in a written Notice to Proceed and complete the work within the time specified in accordance with the Agreement and Amendments listed below. If notified of the acceptance of this proposal within sixty (60) days of the time set for the opening of Proposals, Respondent agrees within ten (10) days of notification, to execute a contract in the form of AIA Document A133-2019, Standard Form of Agreement Between Owner and Construction Manager and Amendments to the Standard Form of Agreement between Owner and Construction Manager, for the above work, for the agreed-upon compensation. Within ten (10) days after the Guaranteed Maximum Price is established and an Amendment to the Contract is executed, Respondent shall furnish a PERFORMANCE BOND AND LABOR/MATERIAL PAYMENT BOND, in the amount of 100% of the Contract Sum and provide proof of insurance, all of which shall meet the requirements specified in Insurance and Bond Requirements. IMPORTANT NOTICE: If Respondent is a corporation, set forth the legal name of the Corporation as well as the state of incorporation, together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation. If Respondent is a partnership, set forth the name of the firm together with the signature of the partner or partners authorized to sign contractors on behalf of the partnership. The undersigned affirms that they are duly authorized to execute this Proposal, that this company, corporation, firm, partnership, or individual has not prepared this Proposal in collusion with any other Respondent, and that the contents of this Proposal as to prices, terms, or conditions of said Proposal have not been communicated by the undersigned, nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this Proposal. Respectfully Submitted, By: ________________________________________________ Title: _______________________________________________ Business Address with Zip Code: ________________________________________________ Telephone Number with Area Code: ______________________________________________ Email: _____________________________________________________________________ Tuloso-Midway Independent School District – CmaR RFP Page 14 of 22 Fill in the applicable information: A Corporation, chartered in the State of _____________________, and authorized to conduct business in the State of Texas. A _______________________ Partnership (e.g. limited partnership, general partnership, etc.). An Individual operating under the name of _______________________________________. (SEAL: If Proposal is by Corporation) [remainder of page intentionally left blank] Tuloso-Midway Independent School District – CmaR RFP Page 15 of 22 Procurement Form Supplements are attached to and made a condition of the Proposal: The following attachments are included as part of this proposal: Attachment A – Felony Conviction Notification Attachment B – Resident Bidder Certification Attachment C – Conflict of Interest Questionnaire Attachment D – Terms and Conditions Certification Attachment E – Non-Collusion Affidavit Tuloso-Midway Independent School District – CmaR RFP Page 16 of 22 ATTACHMENT A FELONY CONVICTION NOTIFICATION In order for the proposal to be considered, the following information must be provided. Failure to complete may result in rejection of the proposal. State of Texas Statutes Education Code, Section 44.034, Notification of Criminal History of Contractor, Subsection (a), states “a person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an Owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony.” Subsection (b) states “a school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract.” THIS NOTICE IS NOT REQUIRED OF A PUBLICLY-HELD CORPORATION PLEASE COMPLETE THE INFORMATION BELOW I, undersigned agent for the firm named below, certify that the information concerning notification of felony conviction has been reviewed by me and the following information furnished is true to the best of my knowledge. COMPANY’S NAME: __________________________________________________________ AUTHORIZED COMPANY OFFICIAL’S NAME (PRINTED):____________________________ A. My firm is a publicly-held corporation, therefore, this reporting requirement is not applicable. Signature of Company Official: __________________________________________________ B. My firm is not owned or operated by anyone who has been convicted of a felony. Signature of Company Official:___________________________________________________ C. My firm is owned or operated by the following individual(s) who has/have been convicted of a felony: Name of Individual(s):__________________________________________________________ Details of Conviction(s):________________________________________________________ Signature of Company Official:___________________________________________________ Tuloso-Midway Independent School District – CmaR RFP Page 17 of 22 ATTACHMENT B RESIDENT BIDDER CERTIFICATION Chapter 2252 of the Texas Government Code relates to Resident versus Non Residents and the requirements governmental entities must follow when awarding contracts to Nonresidents. "Nonresident bidder" refers to a person who is not a resident of the State of Texas. "Resident bidder" refers to a person whose principal place of business is in the State of Texas, including a contractor whose ultimate parent company or majority owner has its principal place of business in the State of Texas. "Governmental contract" means a contract awarded by a governmental entity for general construction, an improvement, a service, or a public works project or for a purchase of supplies, materials, or equipment." Sec. 2252.002. AWARD OF CONTRACT TO NONRESIDENT BIDDER. A governmental entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lowest bid submitted by a responsible resident bidder by an amount that is not less than the greater of the following: (1) the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located; or (2) the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which a majority of the manufacturing relating to the contract will be performed. Please complete the appropriate statement below: A. I certify that: (Company Name) ___________________________________________________________________ is a Resident of Texas as defined in Chapter 2252, Tex. Gov’t. Code. B. I certify that: (Company Name) ___________________________________________________________________ is a Nonresident of Texas as defined in Chapter 2252, Tex. Gov’t. Code. Our principal place of business is: Signature: ________________________________________________ Printed Name: _____________________________________________ Date: ____________________________________________________ Tuloso-Midway Independent School District – CmaR RFP Page 18 of 22 If you qualify as a “nonresident bidder,” you must furnish the following information: What is your resident state (i.e., the state your principal place of business is located)? City: _________________________________ State: _________________ Zip: __________________ Company Name: _____________________________ Address: _______________________________ (A) Does your “resident state” require bidders whose principal place of business is in Texas to underbid bidders whose resident state is in the same as yours by a prescribed amount or percentage to receive a comparable contract? “Resident state” means the state in which the principal place of business is located. YES_____ NO _____ (B) What is the amount or percentage? ______________ % I certify that the above information is correct. ______________________________________________ Typed Name _______________________________________________ Company Name ____________________________________________ Tuloso-Midway Independent School District – CmaR RFP Page 19 of 22 ATTACHMENT C CONFLICT OF INTEREST QUESTIONNAIRE Tuloso-Midway Independent School District – CmaR RFP Page 20 of 22 Tuloso-Midway Independent School District – CmaR RFP Page 21 of 22 ATTACHMENT D TERMS AND CONDITIONS CERTIFICATION Issuance of this RFP does not commit the Owner to award a contract or pay any costs incurred in the preparation of a response to this request. The Owner reserves the right to waive any formalities and to reject any or all Proposals. By submitting a Response to this RFP, each Respondent agrees to waive any and all claims it has or may have against the Owner and its trustees, employees, and officers, including, but not limited to, those arising out of or in connection with the administration, evaluation, or recommendation of any Response or Proposal; waiver of any requirements under this RFP, or the Contract Documents; acceptance or rejection of any Response or Proposal; and award of a contract. By submitting a Proposal, each Respondent warrants that it has reviewed the enclosed modified AIA Documents A133-2019 and A201-2017 and agrees that it finds the terms acceptable and will execute a completed version of said forms as part of the Contract Documents for the Project, subject to the Owner’s final approval. By submitting a Proposal, it is agreed that Respondent’s Proposal shall be valid and not withdrawn for a period of sixty (60) days from the date of opening. By my signature below, I warrant that I am authorized to sign on behalf of my organization, and that I have read, understand, and agree with all the terms of this Request for Proposals. __________________________________________________ _____________________ Name of Respondent Date ___________________________________ Signature Tuloso-Midway Independent School District – CmaR RFP Page 22 of 22 ATTACHMENT E TULOSO-MIDWAY INDEPENDENT SCHOOL DISTRICT NON-COLLUSION AFFIDAVIT STATE OF TEXAS § COUNTY OF ___________________ § ___________________________________________, of lawful age, being duly sworn, on oath says, that (s)he is the agent authorized by the Respondent to submit the attached Proposal. Affiant further states that the Respondent has not been a party to any collusion among proposal/proposers in restraint of freedom of competition by agreement to proposal at a fixed price or to refrain from proposing; or with any District employee, Board Trustee, or benefit consultant as to quantity, quality, or price in the prospective contract, or any other terms of said proposers and any District employee, Board Trustee, or benefit consultant concerning the exchange of money or other things of value for special consideration in the letting of this contract. ____________________________________ Signature ____________________________________ Title Subscribed and sworn to before me this _____ day of __________________ 2024 ______________________________________________ Notary Public State of ________________________________ My Commission Expires: __________________ D R A F T DRAFT AIA ® Document A133® – 2019 Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 18:43:38 ET on 04/17/2024 under Order No.4104244489 which expires on 08/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1361790821) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201TM–2017, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AGREEMENT made as of the « » day of « » in the year « » (In words, indicate day, month, and year.) BETWEEN the Owner: (Name, legal status, address, and other information) « »« » « » « » « » and the Construction Manager: (Name, legal status, address, and other information) « »« » « » « » « » for the following Project: (Name, location, and detailed description) « » « » « » The Architect: (Name, legal status, address, and other information) « »« » « » « » « » The Owner and Construction Manager agree as follows. D R A F T AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 18:43:38 ET on 04/17/2024 under Order No.4104244489 which expires on 08/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1361790821) 2 TABLE OF ARTICLES 1 INITIAL INFORMATION 2 GENERAL PROVISIONS 3 CONSTRUCTION MANAGER’S RESPONSIBILITIES 4 OWNER’S RESPONSIBILITIES 5 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES 6 COMPENSATION FOR CONSTRUCTION PHASE SERVICES 7 COST OF THE WORK FOR CONSTRUCTION PHASE 8 DISCOUNTS, REBATES, AND REFUNDS 9 SUBCONTRACTS AND OTHER AGREEMENTS 10 ACCOUNTING RECORDS 11 PAYMENTS FOR CONSTRUCTION PHASE SERVICES 12 DISPUTE RESOLUTION 13 TERMINATION OR SUSPENSION 14 MISCELLANEOUS PROVISIONS 15 SCOPE OF THE AGREEMENT EXHIBIT A GUARANTEED MAXIMUM PRICE AMENDMENT EXHIBIT B INSURANCE AND BONDS ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (For each item in this section, insert the information or a statement such as “not applicable” or “unknown at time of execution.”) § 1.1.1 The Owner’s program for the Project, as described in Section 4.1.1: (Insert the Owner’s program, identify documentation that establishes the Owner’s program, or state the manner in which the program will be developed.) « » § 1.1.2 The Project’s physical characteristics: (Identify or describe pertinent information about the Project’s physical characteristics, such as size; location; dimensions; geotechnical reports; site boundaries; topographic surveys; traffic and utility studies; availability of public and private utilities and services; legal description of the site, etc.) « » § 1.1.3 The Owner’s budget for the Guaranteed Maximum Price, as defined in Article 6: (Provide total and, if known, a line item breakdown.) « » D R A F T AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 18:43:38 ET on 04/17/2024 under Order No.4104244489 which expires on 08/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1361790821) 3 § 1.1.4 The Owner’s anticipated design and construction milestone dates: .1 Design phase milestone dates, if any: « » .2 Construction commencement date: « » .3 Substantial Completion date or dates: « » .4 Other milestone dates: « » § 1.1.5 The Owner’s requirements for accelerated or fast-track scheduling, or phased construction, are set forth below: (Identify any requirements for fast-track scheduling or phased construction.) « » § 1.1.6 The Owner’s anticipated Sustainable Objective for the Project: (Identify and describe the Owner’s Sustainable Objective for the Project, if any.) « » § 1.1.6.1 If the Owner identifies a Sustainable Objective, the Owner and Construction Manager shall complete and incorporate AIA Document E234TM–2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, into this Agreement to define the terms, conditions and services related to the Owner’s Sustainable Objective. If E234– 2019 is incorporated into this agreement, the Owner and Construction Manager shall incorporate the completed E234– 2019 into the agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable Objective. § 1.1.7 Other Project information: (Identify special characteristics or needs of the Project not provided elsewhere.) « » § 1.1.8 The Owner identifies the following representative in accordance with Section 4.2: (List name, address, and other contact information.) « » « » « » « » « » « » § 1.1.9 The persons or entities, in addition to the Owner’s representative, who are required to review the Construction Manager’s submittals to the Owner are as follows: (List name, address and other contact information.) « » D R A F T AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 18:43:38 ET on 04/17/2024 under Order No.4104244489 which expires on 08/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1361790821) 4 § 1.1.10 The Owner shall retain the following consultants and contractors: (List name, legal status, address, and other contact information.) .1 Geotechnical Engineer: « »« » « » « » « » « » .2 Civil Engineer: « »« » « » « » « » « » .3 Other, if any: (List any other consultants retained by the Owner, such as a Project or Program Manager.) « » § 1.1.11 The Architect’s representative: (List name, address, and other contact information.) « » « » « » « » « » « » § 1.1.12 The Construction Manager identifies the following representative in accordance with Article 3: (List name, address, and other contact information.) « » « » « » « » « » « » § 1.1.13 The Owner’s requirements for the Construction Manager’s staffing plan for Preconstruction Services, as required under Section 3.1.9: (List any Owner-specific requirements to be included in the staffing plan.) « » § 1.1.14 The Owner’s requirements for subcontractor procurement for the performance of the Work: (List any Owner-specific requirements for subcontractor procurement.) « » § 1.1.15 Other Initial Information on which this Agreement is based: D R A F T AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 18:43:38 ET on 04/17/2024 under Order No.4104244489 which expires on 08/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1361790821) 5 « » § 1.2 The Owner and Construction Manager may rely on the Initial Information. Both parties, however, recognize that such information may materially change and, in that event, the Owner and the Construction Manager shall appropriately adjust the Project schedule, the Construction Manager’s services, and the Construction Manager’s compensation. The Owner shall adjust the Owner’s budget for the Guaranteed Maximum Price and the Owner’s anticipated design and construction milestones, as necessary, to accommodate material changes in the Initial Information. § 1.3 Neither the Owner’s nor the Construction Manager’s representative shall be changed without ten days’ prior notice to the other party. ARTICLE 2 GENERAL PROVISIONS § 2.1 The Contract Documents The Contract Documents consist of this Agreement, as amended, Conditions of the Contract (General, Supplementary and other Conditions), as amended, Drawings, Specifications, Addenda issued prior to execution of this Agreement, all sections of the Project Manual, other documents listed in this Agreement, Modifications issued after execution of this Agreement, the proposal signed by the Construction Manager, the request for proposals, and Construction Manager’s proof of payment and performance bonds, and proof of insurance, all of which form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein. Upon the Owner’s acceptance of the Construction Manager’s Guaranteed Maximum Price proposal, the Contract Documents will also include the documents described in Section 3.2.3 and identified in the Guaranteed Maximum Price Amendment and revisions prepared by the Architect and furnished by the Owner as described in Section 3.2.8. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. If anything in the other Contract Documents, other than a Modification, is inconsistent with this Agreement, this Agreement shall govern. An enumeration of the Contract Documents, other than a Modification, appears in Article 15. Any reference to AIA Document A201-2017 in this Agreement shall be construed as the AIA Document A201-2017, as amended. § 2.1.1 Any revision, amendment, or modification to the Standard Form of this Agreement shall be valid, binding, and enforceable only if said revision, amendment or modification is made conspicuous by being underlined, lined-through, or highlighted in this Agreement signed by Construction Manager and the authorized representative of Owner’s Board of Trustees. In the event of conflict, terms and conditions contained in the Agreement, as amended, shall take precedence over terms and conditions contained in the General Conditions, as amended, and the terms and conditions in the General Conditions, as amended, shall take precedence over all other terms and conditions contained in the other Contract Documents. If the Request for Proposals and the Proposal are included in the Contract Documents, then the Request for Proposals shall take precedence over the Proposal, unless specifically agreed otherwise herein. § 2.1.2 The Board of Trustees, by majority vote, is the only representative of the Owner, an independent school district, having the power to enter into or amend a contract, to approve changes in the scope of the Work, to approve and execute a Change Order or Construction Change Directive modifying the Guaranteed Maximum Price, to agree to an extension to the date of Substantial or Final Completion or to terminate a contract. The Owner designates the following as the individual authorized to sign documents on behalf of the Board of Trustees: ____________________, or successor. § 2.2 Relationship of the Parties The Construction Manager accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and exercise the Construction Manager’s skill and judgment in furthering the interests of the Owner to perform the Work defined in the Contract Documents, in accordance with the Owner’s requirements and construction cost limitations, as approved by the Owner’s Board of Trustees, as set forth in the Contract Documents; to furnish efficient construction administration, management services, and supervision; to furnish construction services, if allowed in accordance with law; to furnish at all times an adequate supply of workers and materials; and to perform the Work in an expeditious and economical manner consistent with the Owner’s interests. The Owner agrees to furnish or approve, in a timely manner, information required by the Construction Manager and to make payments to the Construction Manager in accordance with the requirements of the Contract Documents. The Owner and Construction Manager shall endeavor to promote harmony and cooperation among the Owner, Architect, Construction Manager, Construction Manager’s subcontractors, and other persons or entities employed by the Owner for the Project. D R A F T AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 18:43:38 ET on 04/17/2024 under Order No.4104244489 which expires on 08/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1361790821) 6 § 2.3 General Conditions § 2.3.1 For the Preconstruction Phase, AIA Document A201TM–2017, General Conditions of the Contract for Construction, shall apply as follows: Section 1.5, Ownership and Use of Documents; Section 1.7, Digital Data Use and Transmission; Section 2.2.4, Confidential Information; Section 3.12.10, Professional Services; Section 10.3, Hazardous Materials; Section 13.1, Governing Law. The term “Contractor” as used in A201–2017 shall mean the Construction Manager. § 2.3.2 Per Texas Government Code, Section 2269.257, if a selected trade contractor or subcontractor defaults in the performance of its work or fails to execute a subcontract after being selected, the Construction Manager may itself fulfill, without advertising, the contract requirements or select a replacement trade contractor or subcontractor to fulfill the contract requirements. § 2.3.3 For the Construction Phase, the general conditions of the contract shall be as set forth in A201–2017, which document is incorporated herein by reference. The term “Contractor” as used in A201–2017 shall mean the Construction Manager. ARTICLE 3 CONSTRUCTION MANAGER’S RESPONSIBILITIES The Construction Manager’s Preconstruction Phase responsibilities are set forth in Sections 3.1 and 3.2, and in the applicable provisions of A201-2017 referenced in Section 2.3.1. The Construction Manager’s Construction Phase responsibilities are set forth in Section 3.3. The Owner and Construction Manager may agree, in consultation with the Architect, for the Construction Phase to commence prior to completion of the Preconstruction Phase, in which case, both phases will proceed concurrently. The Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project. § 3.1 Preconstruction Phase § 3.1.1 Extent of Responsibility The Construction Manager shall exercise reasonable care in performing its Preconstruction Services. The Owner and Architect shall be entitled to rely on, and shall not be responsible for, the accuracy, completeness, and timeliness of services and information furnished by the Construction Manager. The recommendations and advice of the Construction Manager concerning design alternative and potential cost savings shall be subject to the review and approval of the Architect, Owner, and the Owner’s professional consultant. The Construction Manager, however, does not warrant or guarantee estimates and schedules except as may be included as part of the Guaranteed Maximum Price. The Construction Manager is not required to ascertain that the Drawings and Specifications are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Construction Manager shall promptly report to the Architect and Owner any nonconformity discovered by, or made known to that reasonably should have been discovered by, or the Construction Manager as a request for information in such form as the Architect may require. § 3.1.2 The Construction Manager shall provide a preliminary evaluation of the Owner’s program, schedule and construction budget requirements, each in terms of the other. § 3.1.3 Consultation § 3.1.3.1 The Construction Manager shall schedule and conduct meetings with the Architect and Owner to discuss such matters as procedures, progress, coordination, and scheduling of the Work. § 3.1.3.2 The Construction Manager shall advise the Owner and Architect on proposed site use and improvements, selection of materials, building systems, and equipment. The Construction Manager shall also provide recommendations to the Owner and Architect, consistent with the Project requirements, on constructability; availability of materials and labor; time requirements for procurement, installation and construction, which shall satisfy Owner’s time requirements; prefabrication; and factors related to construction cost including, but not limited to, costs of alternative designs or materials, preliminary budgets, life-cycle data, and possible cost reductions. The Construction Manager shall consult with the Architect regarding professional services to be provided by the Construction Manager during the Construction Phase. D R A F T AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 18:43:38 ET on 04/17/2024 under Order No.4104244489 which expires on 08/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1361790821) 7 § 3.1.3.3 The Construction Manager shall assist the Owner and Architect in establishing building information modeling and digital data protocols for the Project, using AIA Document E203TM–2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data. § 3.1.3.4 During the Preconstruction Phase, the Construction Manager shall review the Contract Documents to ascertain whether the components of the plumbing, electrical and mechanical systems may be constructed without interference with each other, or with the structural or architectural components of the Project, or with existing systems. In the event that conflicts between the systems are discovered, the Construction Manager shall promptly notify the Owner and Architect in writing. § 3.1.3.5 Notwithstanding any provision of the General Conditions of the Contract for Construction to the contrary, the Construction Manager shall not be entitled to additional compensation for any delay or disruption to the Work arising from any conflict between the mechanical, electrical, and plumbing systems with each other, or with the structural or architectural components of the Work, or with existing systems, if such conflicts should have been discovered during the Construction Documents Phase by the Construction Manager through the exercise of reasonable diligence, and the Owner and Architect were not informed of such conflicts as required by subparagraph 2.1.2.1. This provision shall apply only with respect to conflicts appearing in the Drawings and Specifications provided for the Construction Manager’s review prior to proposal of a Guaranteed Maximum Price. § 3.1.4 Project Schedule When Project requirements in Section 4.1.1 have been sufficiently identified, the Construction Manager shall prepare and periodically update a Project schedule for the Architect’s review and the Owner’s acceptance. The Construction Manager shall obtain the Architect’s approval for the portion of the Project schedule relating to the performance of the Architect’s services. The Project schedule shall coordinate and integrate the Construction Manager’s services, the Architect’s services, other Owner consultants’ services, and the Owner’s responsibilities; and identify items that affect the Project’s timely completion. The updated Project schedule shall include the following: submission of the Guaranteed Maximum Price proposal; components of the Work; times of commencement and completion required of each Subcontractor; ordering and delivery of products, including those that must be ordered in advance of construction; dates of Substantial Completion and Final Completion; and the occupancy requirements of the Owner. If updated Project schedules indicate that previously-approved schedules may not be met, then the Construction Manager shall make appropriate recommendations to the Owner and Architect and, upon written approval of both, shall implement necessary corrective action. § 3.1.5 Phased Construction The Construction Manager, in consultation with the Architect, shall provide recommendations with regard to accelerated or fast-track scheduling, procurement, and sequencing for phased construction. The Construction Manager shall take into consideration cost reductions, cost information, constructability, provisions for temporary facilities, and procurement and construction scheduling issues. The Construction Manager shall make recommendations to the Owner and Architect regarding the phased issuance of Drawings and Specifications so as to facilitate the proposal of a Guaranteed Maximum Price when all elements of the Drawings and Specifications are at least ninety percent complete, unless mutually agreed otherwise by the Architect, Owner and the Construction Manager. § 3.1.6 Cost Estimates § 3.1.6.1 Based on the preliminary design and other design criteria prepared by the Architect, the Construction Manager shall prepare, for the Architect’s review and the Owner’s approval, preliminary estimates of the Cost of the Work or the cost of program requirements using area, volume, or similar conceptual estimating techniques. If the Architect or Construction Manager suggests alternative materials and systems, the Construction Manager shall provide cost evaluations of those alternative materials and systems. § 3.1.6.2 As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Construction Manager shall prepare and update, at appropriate intervals agreed to by the Owner, Construction Manager and Architect, an estimate of the Cost of the Work with increasing detail and refinement. The Construction Manager shall include in the estimate those costs to allow for the further development of the design, price escalation, and market conditions, until such time as the Owner and Construction Manager agree on a Guaranteed Maximum Price for the Work. The estimate shall be provided for the Architect’s review and the Owner’s approval. The Construction Manager shall inform the Owner and Architect in the event that the estimate of the Cost of the Work exceeds the latest approved Project budget, and make recommendations for corrective action, and/or cost D R A F T AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 18:43:38 ET on 04/17/2024 under Order No.4104244489 which expires on 08/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1361790821) 8 reductions, including but not limited to, substitution of materials or revisions or alterations to the Design Development Documents or the Construction Documents, to bring the Project within the Owner’s budget, but shall not delete necessary components of the Project without Owner’s Board of Trustees’ consent. In the event that the quality or scope identified in the estimates are unacceptable or exceed the Owner’s identified budget, the Construction Manager shall work with the Architect to develop options that are acceptable to Owner and are within the Owner’s budget. § 3.1.6.3 If the Architect is providing cost estimating services as a Supplemental Service, and a discrepancy exists between the Construction Manager’s cost estimates and the Architect’s cost estimates, the Construction Manager and the Architect shall work together to reconcile the cost estimates. § 3.1.7 As the Architect progresses with the preparation of the Schematic Design, Design Development and Construction Documents, the Construction Manager shall consult with the Owner and Architect and make recommendations regarding constructability and schedules, for the Architect’s review and the Owner’s approval. § 3.1.8 The Construction Manager shall provide recommendations and information to the Owner and Architect regarding equipment, materials, services, and temporary Project facilities. § 3.1.9 The Construction Manager shall provide a staffing plan for Preconstruction Phase services for the Owner’s review and approval. § 3.1.10 If the Owner identified a Sustainable Objective in Article 1, the Construction Manager shall fulfill its Preconstruction Phase responsibilities as required in AIA Document E234TM–2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, attached to this Agreement. § 3.1.11 Subcontractors and Suppliers § 3.1.11.1 If the Owner has provided requirements for subcontractor procurement in section 1.1.14, the Construction Manager shall provide a subcontracting plan, addressing the Owner’s requirements, for the Owner’s review and approval. § 3.1.11.2 The Construction Manager shall develop bidders’ interest in the Project. To the extent not inconsistent with the Construction Manager’s requirements under Texas Government Code Chapter 2269, Subchapter F, the Construction Manager shall seek to develop subcontractor interest in the Project and shall furnish to the Owner and Architect for their information a list of possible subcontractors, including suppliers who are to furnish materials or equipment fabricated to a special design, from whom proposals will be requested for each principal portion of the Work. The Architect will promptly reply in writing to the Construction Manager if the Architect or Owner know of any objection to such subcontractor or supplier. The receipt of such list shall not require the Owner or Architect to investigate the qualifications of proposed subcontractors or suppliers, nor shall it waive the right of the Owner or Architect later to object to or reject any proposed subcontractor or supplier. § 3.1.11.3 The processes described in Article 9 shall apply if bid packages will be issued during the Preconstruction Phase. § 3.1.12 Procurement The Construction Manager shall prepare, for the Architect’s review and the Owner’s acceptance, a procurement schedule for items that must be ordered in advance of construction. The Construction Manager shall expedite and coordinate the ordering and delivery of materials that must be ordered in advance of construction. If the Owner agrees to procure any items prior to the establishment of the Guaranteed Maximum Price, the Owner shall procure the items on terms and conditions acceptable to the Construction Manager. Upon the establishment of the Guaranteed Maximum Price, the Owner shall assign all contracts for these items to the Construction Manager and the Construction Manager shall thereafter accept responsibility for them. § 3.1.13 Compliance with Laws The Construction Manager shall comply with applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to its performance under this Contract, and with equal employment opportunity programs, and other programs as may be required by governmental and quasi-governmental authorities. D R A F T AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 18:43:38 ET on 04/17/2024 under Order No.4104244489 which expires on 08/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1361790821) 9 § 3.1.14 Other Preconstruction Services Insert a description of any other Preconstruction Phase services to be provided by the Construction Manager, or reference an exhibit attached to this document (Describe any other Preconstruction Phase services, such as providing cash flow projections, development of a project information management system, early selection or procurement of subcontractors, etc.) « » § 3.2 Guaranteed Maximum Price Proposal § 3.2.1 When all elements of the Construction Documents are at least 90 percent complete, at a time mutually-agreed upon by the Owner, the Construction Manager and the Architect, the Construction Manager, shall prepare a Guaranteed Maximum Price proposal for the Owner’s and Architect’s review, and the Owner’s acceptance. The Guaranteed Maximum Price in the proposal shall be the sum of the Construction Manager’s estimate of the Cost of the Work, the Construction Manager’s contingency described in Section 3.2.4, the general conditions; and the Construction Manager’s Fee. If any Guaranteed Maximum Price proposal submitted to the Owner exceeds previously-approved estimates or the Owner’s budget, then the Construction Manager shall make appropriate recommendations to the Owner and Architect for cost reductions, including but not limited to, substitution of materials or revisions or alterations to the Construction Documents, to bring the Project within the Owner’s budget, but shall not delete necessary components of the Project without Owner’s Board of Trustees’ consent. In the event that the quality or scope identified in the proposal are unacceptable or exceed the Owner’s identified budget, the Construction Manager shall work with the Architect to develop options that are acceptable to Owner, are within the Owner’s budget, and meet the Owner’s requirements for dates of Substantial Completion and Final Completion. The Construction Manager may propose separate Guaranteed Maximum Prices for separate Works within the Project, as schedules and efficiencies dictate. The Construction Manager will work with the Architect to achieve a Guaranteed Maximum Price that is fully acceptable to Owner and is within the Owner’s budget for the Work and for the Project. § 3.2.2 To the extent that the Contract Documents are anticipated to require further development, the Guaranteed Maximum Price includes the costs attributable to such further development consistent with the Contract Documents and reasonably inferable therefrom. § 3.2.3 The Construction Manager shall include with the Guaranteed Maximum Price proposal a written statement of its basis, which shall include the following: .1 A list of the Drawings and Specifications, including all Addenda thereto, and the Conditions of the Contract; .2 A list of the clarifications and assumptions made by the Construction Manager in the preparation of the Guaranteed Maximum Price proposal, including assumptions under Section 3.2.2; .3 A statement of the proposed Guaranteed Maximum Price, including a statement of the estimated Cost of the Work organized by trade categories or systems, including allowances; the Construction Manager’s contingency set forth in Section 3.2.4; general conditions; and the Construction Manager’s Fee; .4 The anticipated date of Substantial Completion upon which the proposed Guaranteed Maximum Price is based; .5 The date of Final Completion upon which the proposed Guaranteed Maximum Price is based, which date shall not be more than thirty (30) days after the date of Substantial Completion; and .6 The Guaranteed Maximum Price proposal may not be based in any part on any subcontract or material supply contract which would require the Owner to compensate the Construction Manager on other than a maximum price basis. § 3.2.4 In preparing the Construction Manager’s Guaranteed Maximum Price proposal, the Construction Manager shall include a contingency for the Construction Manager’s exclusive use to cover those costs that are included in the Guaranteed Maximum Price but not otherwise allocated to another line item or included in a Change Order. The Guaranteed Maximum Price will contain a separately-identified contingency amount (the "Construction Contingency"). The Construction Contingency is not allocated to any particular item of the Cost of the Work and is established for the Construction Manager’s use as may be required for costs incurred in the Work from unforeseeable causes, or details which could not have been anticipated by the Construction Manager at the time of the Owner’s approval of the Guaranteed Maximum Price. Such unforeseeable causes or unanticipated details include, but are not limited to, refinement of details of design within the scope of standards, quality and quantities which are reasonably inferable from the Guaranteed Maximum Price documents, the correction of minor defects not relating to design, delays in receipt of D R A F T AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 18:43:38 ET on 04/17/2024 under Order No.4104244489 which expires on 08/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1361790821) 10 materials, and additional costs relating to Subcontractor defaults not reimbursed by the Subcontractor’s bonding company. The Construction Manager, with Owner’s representative’s written approval, may utilize the Construction Contingency for any of the above items within the Cost of the Work without the necessity of a Change Order, without constituting a Change in the Scope of the Work, and without resulting in any change in the Guaranteed Maximum Price. Any unforeseeable causes or unanticipated details which exceed the Construction Contingency shall be borne by the Construction Manager at the Construction Manager’s sole risk. All savings will accrue and be available for use, only as detailed above, by the Construction Manager until the Construction Manager’s final accounting. In the final accounting, all supporting documentation for all uses of the Construction Contingency shall be provided to Owner. Upon final accounting, all remaining monies in the Construction Contingency shall accrue to the Owner. The Guaranteed Maximum Price shall also include a separately-identified contingency amount, an “Owner’s Contingency,” which is defined as a contingency fund within the Guaranteed Maximum Price established by the Owner for the Owner’s exclusive use. Monies from Owner’s Contingency may be spent in the discretion of Owner’s Representative and without additional Board of Trustees approval, but with subsequent notice to Owner’s Board of Trustees. Any unused Owner’s contingency shall accrue to the Owner. § 3.2.5 The Construction Manager shall meet with the Owner and Architect to review the Guaranteed Maximum Price proposal. In the event that the Owner or Architect discover any inconsistencies or inaccuracies in the information presented, they shall promptly notify the Construction Manager, who shall make appropriate adjustments to the Guaranteed Maximum Price proposal, its basis, or both. As soon as feasible after Architect’s preliminary approval of the Construction Manager’s proposed Guaranteed Maximum Price, the Architect will prepare the Amendment forms and return them to the Construction Manager for review, signature, and return to the Owner. § 3.2.6 The Owner’s Board of Trustees shall be allowed not less than thirty (30) days after receipt of the Construction Manager’s signed Guaranteed Maximum Price Amendment to review and take action on the Amendment. Unless the Owner’s Board of Trustees accepts the Guaranteed Maximum Price Amendment by Board action within thirty (30) days after District’s receipt, the Amendment will not become effective. Following acceptance of a Guaranteed Maximum Price, the Owner shall execute the Guaranteed Maximum Price Amendment amending this Agreement, a copy of which the Owner shall provide to the Architect. The Guaranteed Maximum Price Amendment shall set forth the agreed upon Guaranteed Maximum Price with the information and assumptions upon which it is based. § 3.2.7 The Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work prior to the execution of the Guaranteed Maximum Price Amendment, unless the Owner provides prior written authorization for such costs. § 3.2.8 The Owner shall authorize preparation of revisions to the Contract Documents that incorporate the agreed-upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment. The Owner shall promptly furnish such revised Contract Documents to the Construction Manager. The Construction Manager shall notify the Owner and Architect of any inconsistencies between the agreed-upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment and the revised Contract Documents. § 3.2.9 The Construction Manager shall not include in the Guaranteed Maximum Price any taxes from which Owner is exempt. § 3.2.10 The Construction Manager shall diligently prosecute and achieve Substantial and Final Completion of the Entire Work as provided in the Amendment. § 3.3 Construction Phase § 3.3.1 General § 3.3.1.1 The date of commencement of the Work shall mean the date of commencement of the Construction Phase, as provided in Section 8.1.2 of A201-2017. § 3.3.1.2 This provision was deleted in its entirety. § 3.3.2 Administration § 3.3.2.1 Pursuant to Texas Government Code Chapter 2269, Subchapter F, the Construction Manager shall publicly advertise and solicit through competitive purchasing, as required by law, competitive sealed proposals from Subcontractors Pursuant to Texas Government Code Chapter 2269, Subchapter F, the Construction Manager shall D R A F T AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 18:43:38 ET on 04/17/2024 under Order No.4104244489 which expires on 08/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1361790821) 11 publicly advertise and obtain bids or proposals from Subcontractors for the performance of all major elements of the Work. All bids or proposals shall be sent directly to Construction Manager. The Construction Manager may seek to perform portions of the Work required to be publicly advertised. If the Construction Manager submits its own proposal for any portion of the Work, it shall do so in the same manner as required of all subcontractors. Owner shall decide whether or not Construction Manager’s proposal for self-performing portions of the Work offers the best value to Owner. In opening proposals, neither Construction Manager nor Owner shall disclose the contents of a proposal during the selection process to anyone who is not an employee of the Construction Manager, architect, engineer, or Owner. All proposals shall be made public within seven days after the Owner’s final selection. If Construction Manager’s proposal is selected by the Owner, the proposed cost for the self- performed work shall be paid to the Construction Manager, pursuant to progress payments, as if Construction Manager were a subcontractor. Such payments to Construction Manager shall be included in the Cost of the Work, but the Construction Manager shall not receive an additional Construction Manager’s fee for self-performed work. Pursuant to Texas Government Code Chapter 2269, Subchapter F, if during the course of recommending proposals, the Construction Manager recommends to Owner a proposal from a subcontractor, but the Owner requires another proposal to be accepted, the Owner shall compensate the Construction Manager by a change in price, time, and/or Guaranteed Maximum Price for any additional cost and risk that the Construction Manager may incur as a result, if such change exists. Construction Manager shall state the additional cost and/or risk in writing and shall provide written proof of same before Owner compensates Construction Manager. § 3.3.2.1.1 The Construction Manager shall include the following specific notices in the information to proposers: .1 The successful proposer’s responsibility to provide workers’ compensation insurance in accordance with Texas Labor Code Chapter 406; .2 The successful proposer’s responsibility to pay prevailing wages pursuant to Texas Government Code Chapter 2258; .3 A notice of the sales tax exemption for the Work and the procedure for obtaining any required exemption verification or certificate; .4 The notice regarding trench and shoring safety required by Texas Health and Safety Code Section 756.023. § 3.3.2.1.2 Nothing herein shall preclude the Construction Manager from including other notices required or allowed by law. § 3.3.2.1.3 The Construction Manager shall schedule and conduct weekly or otherwise regularly-scheduled meetings at which Owner, Architect, Construction Manager, and appropriate Subcontractors meetings discuss such matters as procedures, progress, coordination, scheduling, and status of the Work. The Construction Manager shall prepare and promptly distribute minutes of the meetings to the Owner and Architect. The Construction Manager shall provide periodic presentations updating the progress, quality and status of the Work to Owner’s Board of Trustees, at Owner’s request, at no additional cost to Owner. § 3.3.2.2 Upon the execution of the Guaranteed Maximum Price Amendment by Owner and Construction Manager, the Construction Manager shall prepare and submit to the Owner and Architect a construction schedule for the Work and a submittal schedule in accordance with Section 3.10 of A201–2017, including the Owner’s occupancy requirements. § 3.3.2.3 Monthly Report The Construction Manager shall record the progress of the Project. On a monthly basis, or otherwise as agreed to by the Owner, the Construction Manager shall submit written progress reports to the Owner and Architect, showing percentages of completion and other information required by the Owner. § 3.3.2.4 Daily Logs The Construction Manager shall keep, and make available to the Owner and Architect, a daily log containing a record for each day of weather, portions of the Work in progress, number of workers on site, identification of equipment on site, problems that might affect progress of the work, accidents, injuries, and other information required by the Owner. D R A F T AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 18:43:38 ET on 04/17/2024 under Order No.4104244489 which expires on 08/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1361790821) 12 § 3.3.2.5 Cost Control The Construction Manager shall develop a system of cost control for the Work, including regular monitoring of actual costs for activities in progress, including changes to the Work approved by Owner, and estimates for uncompleted tasks and proposed changes. The Construction Manager shall identify variances between actual and estimated costs and report the variances to the Owner and Architect, and shall provide this information in its monthly reports to the Owner and Architect, in accordance with Section 3.3.2.3 above. § 3.3.3 To the extent that any portion of the Work requires a trench excavation exceeding five (5) feet in depth, in accordance with Texas Health and Safety Code Section 756.023(a), Construction Manager shall fully comply, and shall require any applicable subcontractor to comply, with: .1 The Occupational Safety and Health Administration standards for trench safety in effect for the Construction of the Work. .2 The special shoring requirements, if any, of the Owner. .3 Any geotechnical information obtained by Owner for use by the Construction Manager in the design of the trench safety system. § 3.3.4 Trench excavation safety protection shall be a separate pay item, and shall be based on linear feet of trench excavated. Special shoring requirements shall also be a separate pay item, and shall be based on the square feet of shoring used. Said cost shall be included within the Guaranteed Maximum Price. ARTICLE 4 OWNER’S RESPONSIBILITIES § 4.1 Information and Services Required of the Owner § 4.1.1 The Owner shall provide information with reasonable promptness, regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner’s objectives, constraints, and criteria, including schedule, space requirements and relationships, flexibility and expandability, special equipment, systems, sustainability and site requirements. § 4.1.2 This provision was deleted in its entirety. § 4.1.3 The Owner shall establish and periodically update the Owner’s budget for the Project, including (1) the budget for the Cost of the Work as defined in Article 7, (2) the Owner’s other costs, and (3) reasonable contingencies related to all of these costs, including the Owner’s Contingency as provided in Section 3.2.4. If the Owner significantly increases or decreases the Owner’s budget for the Cost of the Work, the Owner shall notify the Construction Manager and Architect. The Owner and the Architect, in consultation with the Construction Manager, shall thereafter agree to a corresponding change in the Project’s scope and quality. § 4.1.4 Structural and Environmental Tests, Surveys and Reports. During the Preconstruction Phase, the Owner shall furnish the following information or services with reasonable promptness. Such documents shall be provided for information only and are not warranted or represented to show the conditions at the Project site accurately. Construction Manager may use the information at its own risk and shall use customary precautions relating to the performance of the Work. Notwithstanding the preceding sentences and the delivery of surveys or other documents and reports by Owner, Construction Manager shall perform all work in such a non-negligent manner so as to avoid damaging any utility lines, cables, pipes, or pipelines on the Property. Contractor shall be responsible for any damage done to such lines, cables, pipes and pipelines during the Work. § 4.1.4.1 The Owner shall furnish tests, inspections, and reports, required by law or as otherwise agreed to by the parties, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 4.1.4.2 The Owner shall furnish surveys as provided in Section 2.2.3 of AIA A201-2017. § 4.1.4.3 Unless provided by the Architect by agreement with the Owner, the Owner, when such services are reasonably required by the scope of the Work, and are requested by the Architect or Construction Manager and approved by the D R A F T AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 18:43:38 ET on 04/17/2024 under Order No.4104244489 which expires on 08/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1361790821) 13 Owner, shall furnish services of geotechnical engineers, which may include test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 4.1.5 During the Construction Phase, the Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner may also furnish any other information or services under the Owner’s control and relevant to the Construction Manager’s performance of the Work with reasonable promptness after receiving the Construction Manager’s reasonable written request for such information or services. § 4.1.6 If the Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as required in AIA Document E234TM–2019, Sustainable Projects Exhibit, Construction Manager as Constructor Edition, attached to this Agreement. § 4.2 Owner’s Designated Representative Owner’s Board of Trustees shall designate one or more authorized representatives to act on its behalf in the day-to-day administration of the Project, to issue stop work orders, and to authorize expenditures within the Owner’s contingency. The Board designates as its authorized representatives, the following individuals: _________________________. § 4.2.1 Legal Requirements. The Owner shall furnish all legal, insurance and accounting services, including auditing services, that the Owner may determine to be reasonably necessary at any time for the Project to meet the Owner’s needs and interests. Construction Manager shall furnish all legal, insurance, and accounting services that Construction Manager may determine to be necessary to meet Construction Manager’s needs and interests. § 4.3 Architect The Construction Manager’s services shall be provided in conjunction with the services of an Architect. The terms of the agreement between the Owner and Architect shall be available for inspection by the Construction Manager upon request. § 4.4 Inspection and Testing Owner shall provide the Construction Manager a copy of the executed agreement between the Owner and the Architect, and any further modifications to the agreement. Pursuant to Texas Government Code Section 2269.058, the Owner shall provide or contract for, independently of the Construction Manager, construction materials engineering, and testing and inspection services necessary for acceptance of the Work by Owner. ARTICLE 5 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES § 5.1 Compensation § 5.1.1 For the Construction Manager’s Preconstruction Phase services described in Sections 3.1 and 3.2, the Owner shall compensate the Construction Manager as follows: (Insert amount of, or basis for, compensation and include a list of reimbursable cost items, as applicable.) « » § 5.1.2 The hourly billing rates for Preconstruction Phase services of the Construction Manager and the Construction Manager’s Consultants and Subcontractors, if any, are set forth below. (If applicable, attach an exhibit of hourly billing rates or insert them below.) « » Individual or Position Rate § 5.1.2.1 Hourly billing rates for Preconstruction Phase services include all costs to be paid or incurred by the Construction Manager, as required by law or collective bargaining agreements, for taxes, insurance, contributions, assessments and benefits and, for personnel not covered by collective bargaining agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, and shall remain unchanged unless the parties execute a Modification. D R A F T AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 18:43:38 ET on 04/17/2024 under Order No.4104244489 which expires on 08/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1361790821) 14 § 5.1.3 If the Preconstruction Phase services covered by this Agreement have not been completed within « » ( « » ) months of the date of this Agreement, through no fault of the Construction Manager, the Construction Manager’s compensation for Preconstruction Phase services may be equitably adjusted. § 5.2 Payments § 5.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. § 5.2.2 Payments are due and payable within ____________ days of the Construction Manager’s invoice and Certification for Payment from the Architect. Amounts unpaid more than ____ (____) days after the invoice receipt from the Architect shall bear interest in accordance with Texas Government Code Section 2251.025. (Note: These blanks should be filled in with “30” if the school board meets more often than once per month, or filled in with “45” if the school board meets once per month). (Insert rate of monthly or annual interest agreed upon.) ____ %. ARTICLE 6 COMPENSATION FOR CONSTRUCTION PHASE SERVICES § 6.1 Contract Sum § 6.1.1 The Owner shall pay the Construction Manager the Contract Sum in current funds for the Construction Manager’s performance of the Contract after execution of the Guaranteed Maximum Price Amendment. The Contract Sum is the Cost of the Work as defined in Article 7 plus the Construction Manager’s Fee, plus the general conditions, the total of which shall not exceed the Guaranteed Maximum Price. § 6.1.2 The Construction Manager’s Fee: (State a lump sum, percentage of Cost of the Work or other provision for determining the Construction Manager’s Fee.) « » The fee shall be calculated as a percentage of the Cost of the Work, and not as a percentage of the Contract Sum. No Construction Manager’s fee shall be paid on the Construction Manager’s Contingency or the Owner’s Contingency until funds are allocated from those contingencies to the Cost of the Work, or as provided in Section 2.3.2.1. § 6.1.3 The method of adjustment of the Construction Manager’s Fee for changes in the Work: « Only by agreement of Owner’s Board of Trustees » § 6.1.4 Limitations, if any, on a Subcontractor’s overhead and profit for increases in the cost of its portion of the Work: « See AIA Document A201-2017, Section 7.1.4. » § 6.1.5 General Conditions. All charges, if any, for general conditions (costs to be reimbursed) shall be delineated separately in the Guaranteed Maximum Price Amendment, and may include only the following: on-site Project Manager; on-site Project and Site Superintendents; on-site Assistant Superintendents; minor work that may be included in the general conditions as allowed by Texas Government Code Section 2269.255; office trailer expenses; on-site sanitary facilities; project sign; safety/first aid; on-site technology; temporary water and power; project site office supplies and office equipment; plan reproduction; construction photographs; dumpsters; final clean-up; equipment rental; fuel; small tools; and items described in more detail below. § 6.1.6 Rental rates for Construction Manager-owned equipment shall be subject to the Owner’s prior approval and shall not exceed « » percent ( « » %) of the standard rental rate paid at the place of the Project. § 6.1.7 Wages or salaries of the Construction Manager’s supervisory and administrative personnel when stationed at the site with the Owner’s prior approval. D R A F T AIA Document A133 – 2019. Copyright © 1991, 2003, 2009, and 2019. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 18:43:38 ET on 04/17/2024 under Order No.4104244489 which expires on 08/11/2024, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e- mail docinfo@aiacontracts.com. User Notes: (1361790821) 15 § 6.1.8 Costs paid or incurred by the Construction Manager for taxes, insurance, contributions, assessments and benefits required by law or collective bargaining agreements and, for personnel not covered by such agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided such costs are based on wages and salaries, for Construction Manager’s on-site Project Manager, on-site Project and Site Superintendents, on-site Assistant Superintendents, and Construction Manager’s supervisory and administrative personnel when stationed at the site with the Owner’s prior approval. § 6.1.9 Actual rental charges for temporary facilities, machinery, equipment and hand tools not included in Section 6.5.1 and not customarily owned by construction workers that are provided by the Construction Manager at the site and costs of transportation, installation, minor repairs, dismantling and removal. § 6.1.10 The general conditions shall not include the following: all reimbursement for profit; indirect costs; all telephone bills for all personnel; all facsimile charges; home office personnel and benefits assigned to the Project; home office overhead and expenses; home office personnel relocation; all home office accounting, audit, legal and data processing fees and expenses; and all travel, meals and lodging. § 6.1.11 Liquidated damages, if any: .1 Time is of the essence in all phases of the Work. It is specifically understood and agreed by and between Owner and Construction Manager that time is of the essence in the Substantial Completion and Final Completion of the Project and Owner shall sustain actual and direct damages as a result of Construction Manager’s failure, neglect or refusal to achieve said deadlines. Such actual and direct damages are, and will continue to be, impracticable and extremely difficult to determine. Execution of this Agreement under these specifications shall constitute agreement by Owner and Construction Manager that the amounts stated below are the minimum value of the costs and actual and direct damages caused by failure of Construction Manager to substantially complete the work within the allotted times, that such sums are liquidated direct damages and shall not be construed as a penalty, and that such sums may be deducted from payments due Construction Manager if such delay occurs. It is expressly understood that the said sum per day is agreed upon as a fair estimate of the pecuniary damages which will be sustained by the Owner in the event that the Work is not completed within the agreed time, or within the agreed extended time, if any, otherwise provided for herein. Said sum shall be considered as liquidated damages only and in no sense shall be considered a penalty, said damages being caused by, but not limited to, additional compensation for personnel, attorneys fees, architectural fees, engineering fees, program management fees, inspection fees, storage costs, food service costs, transportation costs, utilities costs, costs of temporary facilities, loss of interest on money, and other miscellaneous increased costs, all of which are difficult to exactly ascertain. Failure to complete the Work within the designated or agreed extended dates of Substantial or Final Completion, shall be construed as a breach of this Agreement .2 It is expressly agreed as a part of the consideration inducing the Owner to execute this Agreement that the Owner may deduct from the Final Payment made to the Construction Manager a sum equal to $_____ per day for each and every additional calendar day beyond the agreed date of Substantial Completion. .3 Timely Final Completion is an essential condition of this Agreement. Construction Manager agrees to achieve Final Completion of the Agreement within 30 days ...